Last Revised: July 1, 2020
Shamir Optical Industry Ltd., its subsidiaries and affiliates (“Shamir”, “Company” “we” or “us”) respects the privacy of the visitors and/or users (“User(s)” or “you”) of its website at www.TheVitaminSEE.com (including its subdomains) (collectively, the “Site”) and is committed to protect the personal information that its Users share with it. We believe that you have a right to know our practices regarding the information we may collect and use when you visit and/or use our Site.
1. Your Consent (PLEASE READ CAREFULLY!)
FOR AVOIDANCE OF DOUBT, YOU HEREBY CONSENT TO THE COLLECTION, PROCESSING, TRANSFER AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE US WITH YOUR PERSONAL INFORMATION AND THAT SUCH INFORMATION IS VOLUNTARILY PROVIDED TO US.
2. Which information we may collect on our Users?
We may collect two types of data and information from our Users:
a. Non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is entering into and/or using the Site and/or are accessing Shamir’s Services and Products. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Site, type of operating system, User’s ‘click-stream’ or searches on the Site, the period of time spent on certain pages, type and version of browser, keyboard language, screen resolution, number of pages visited by the User etc.
b. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
- Users of the Site automatically provide their IP address (through log files) mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below.
- When subscribing to the Site distribution list, you will be required to provide your name and email address.
- In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User when you use the Site (e.g. in the contact forms on the Site), when you contact us, or during the business cooperation.
For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed Personal Information so long as such connection or linkage exists.
3. How Do We Collect Information on Our Users?
There are a few methods that we use:
a. We collect information through your entry and use of the Site and/or Products and/or Services. In other words, when you are using the Site and/or Products and/or Services we are aware of it and may gather, collect and store the information relating to such usage.
b. We collect information which you decide to provide us voluntarily. For example, we collect Personal Information when you contact us through the contact form or when you subscribe to the site distribution list. We may gather, collect and store such information either independently or through the help of our authorized third-party service providers as detailed below.
4. What are the Purposes of the Collection of Information?
Non-personal Information is collected in order to:
- Use it for statistical and research purposes (e.g. learning about general preferences and user trends) and for customization and improvement of our Site and/or Products and/or Services.
- Enhance the User’s experience while using the Site and/or Products and/or Services.
Personal Information is collected in order to:
- Operate the Site.
- Provide and personalize our Products and/or Services to our Users.
- To encourage safe online experiences and enforce our policies
- Verify the Users’ identity when signing in through their Account.
- Provide Users with updated information regarding our products and services.
- Be able to contact Users for the purpose of providing them with technical assistance and support.
- Determine general geolocation information (i.e., country) from which the User’s computer is connected to the Internet in order for us to know the general location of our Site’s Users as well as in order to safeguard our Site.
5. Sharing Information with Third Parties
For avoidance of doubt, Shamir may transfer and disclose Non-personal Information to third parties at its discretion, including without limitation for statistical, analytical and research purposes and for customization, development and improvement of our Site and/or the Products and/or Services.
In order to provide you with our Products and/or Services, including Products and/or Services that are customized and tailored to the needs of your customers and in order to constantly improve our Products and/or Services, we and our authorized third-party service providers and vendors may collect and process certain data related to your customers (the “End-Users” and the “End-User Data”, respectively).
- Which information we may collect on End-Users?
End User Data consists of the following types of information:
- End-Users Non-personal Information: Non-personal Information is any unconcealed information which does not enable identification of an individual End-User. Non-personal Information is available to us when End-Users provide it to you for using the Products and/or Services. Non-personal Information which is being gathered may consist of technical information or aggregated information, and may contain, among other things: technical data, e.g. usage patterns and other statistical data, the time the End-Users were engaged with the products and services etc.
- End-Users Personal Information: We and our authorized third party vendors and service providers may collect the following Personal Information if you provide it to us: the End-User’s IP address, Device ID, client catalogue key, eye-related medical history and prescriptions, geo-location (country, region, city), and/or other behavioral information related to a particular End-User. It should be noted, however, that such information is not used by us in order to personally identify a specific End-User but rather to provide you the Products and/or Services as set forth below.
- How Do We Collect End User Data? Our Users may collect End-User Data. To the extent they provide such data to us, we may store the information either independently or through the help of our authorized third-party service providers as detailed below.
- What are the Purposes of the Collection of End-User Data? We and our authorized third vendors and service providers may use the End-User Data in order to provide you the Products and/or Services, i.e., for the purpose of customizing optical eye-care solutions for your End-Users. For example, we will process Personal Information provided by you, inter alia, in order to create a customer profile and to catalog End-User ophthalmological medical history, all in order to craft the Products and/or Services based on such End-User’s information. In addition, we and our authorized third vendors and service providers may process End-User Data provided by you in order to (i) create statistics and other aggregate information and analysis with respect to your End User’s engagement with you; (ii) use it for statistical, analytical and research purposes and for customization, developing and improvement of our Products and/or Services; (iii) to determine the amounts to bid, pay or offer for optical molds and lens inventory; and/or (v) detect fraudulent activities that occur while your End Users are engaging with you.
- IT SHOULD BE NOTED, HOWEVER, THAT SUCH END USER DATA IS NOT USED BY US IN ORDER TO PERSONALLY IDENTIFY ANY SPECIFIC END-USER BUT RATHER FOR THE PURPOSES SET FORTH ABOVE.
- Sharing End User Data with Third Parties. In addition to the sharing of End Users Data in order to fulfill the purposes mentioned above, we may share your End User’s Personal Information in the cases specified in Section 5 above.
- Deletion or Modification of End User Data. Since we have no direct relationship with your individual End-Users and we do not send communications to your End-Users, you hereby agree to handle all End-User’s requests with respect to deletion and modifications of their information. End-Users who seek access to their Personal Information, or who wish to correct, amend, delete inaccurate information or withdraw consent for further use of their Personal Information should direct their request to you. If you are unable to handle such a request and only we possess the ability or power to solve your End-User’s request or issue, please forward that request to us and provide us with the necessary instructions and we will use all reasonable efforts to solve the issue pursuant to any applicable privacy laws. Unless you instruct us otherwise, we may retain your End-Users’ Personal Information for as long as reasonably required for the purposes of which such Personal Information was collected, all as permitted under any applicable privacy laws. Aggregated and/or anonymous data may remain on our servers indefinitely.
- Children/Minors End User Data. You agree that you will not collect End-User Data from Minors without due parental or legal guardian consent permitting such collection. The term “Minor” shall mean a Child as such term is defined under the Children’s Online Privacy Protection Act of 1998 and the rules promulgated by the Federal Trade Commission (FTC) under that Act, including but not limited to the Children’s Online Privacy Protection Rule 16 C.F.R. Part 312 (the “COPPA”) or any other under-age individual as defined by applicable children protection legislation in any relevant jurisdiction. You will (i) obtain legal parental or legal guardian consent for the data collection from Minor End-Users as required by applicable law; (ii) make reasonable efforts to verify that a parent or guardian has provided such appropriate consent; (iii) to the extent required by applicable laws, implement reasonable commercial means for identifying Minors; all in order to enable Shamir to block collection of information from Minors. If you learn that any information transferred to us includes Personal Information collected from Minors, please inform us immediately and we will delete that information as quickly as possible.
7. Deletion or Modification of your Personal Information
In any event, if for any reason End-Users (or any person) wish to delete or modify Personal Information, you can do so within your Account. Otherwise, please send us an e-mail with adequate detail of your request to: email@example.com and we will exercise all reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws. Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise we may retain your Personal Information for as long as reasonably required for the purposes of which such Personal Information was collected, all as permitted under any applicable privacy laws.
Aggregated and/or anonymous information derived from your use of the Site or Services may remain on our servers indefinitely.
The Site is intended for Users over the age of eighteen (18). Shamir does not intend and does not knowingly collect Personal Information from children under the age of thirteen (13) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Site. If we learn that we collected Personal Information from children under the age of thirteen (13) we will delete that information as quickly as possible. Please contact Shamir at firstname.lastname@example.org if you have reasons to suspect that Shamir collected Personal Information from children under the age of thirteen (13) and will delete that information as quickly as possible. It is hereby clarified that the documents you provide us access to may include information regarding children under the age of thirteen (13) only in the event that the legal guardian of such child has agreed to such use, all as required under any applicable laws.
We take reasonable measures to maintain the security and integrity of our Site and/or Products and/or Services and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. The Personal Information is hosted with reputable cloud-hosting vendors which provide advanced security standards (both physical and logical). Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur. SHAMIR SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
10. Third Party Service Providers
11. Links to Third Party Websites
12. Cookies and Other Tracking Technologies.
When you access or use the Site, we or our third party service providers may use industry-wide technologies such as “cookies” or other similar technologies which store certain information on your computer or device (“Cookies“), which will allow us to enable automatic activation of certain features and make your experience much more convenient and effortless. We or our authorized third party service providers may use both session cookies (which expire once you close the Site) and persistent cookies (which stay on your system until you delete them). It is easy to disable or delete Cookies. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you disable or erase cookies, your online experience may be limited. Cookies usually store only a Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc. Shamir does not control such third party service providers.
13. International Data Transfer
In order to provide the Site and our Products and/or Services, we may transfer information collected about you, including Personal Information, to affiliated entities, or to other third party service providers (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information.
15. Got any Questions?
Original Effective Date: January 1, 2020
Last Revised: July 1, 2020
We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), California Civil Code § 1798.100 et seq. and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Supplement.
PERSONAL INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or device (“Personal Information”). The following table states the categories of Personal Information from Consumers we have collected within the last twelve (12) months and may collect in the future:
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (California Civil Code §1798.80(e)||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card categories listed in the number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.||YES|
|C. Protected classification under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender characteristics under identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a Consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment related information||Current or past job history or performance evaluations. information.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act, 20 United States Code §1232(g). 34 CFR Part 99.)||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other Personal Information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include:
1. Publicly available information from government records.
2. De-identified or aggregated Consumer information.
3. Information excluded from the CCPA’s scope, such as:
–Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
–Personal information covered by certain sector-specific privacy laws, include the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of Personal Information listed above from the following sources:
1. Directly and indirectly from activity on our website TheVitaminSEE.com. For example, from submissions through our website portal or website usage details collected automatically.
2. From third-parties that interact with us.
USE OF PERSONAL INFORMATION
We may use or disclose the Personal Information we collect for one or more of the following business purposes:
1. To fulfill or meet the reason for which the information is provided. For example, subscribing to the site distribution list.
2. To provide you with information, products or services that you request from us.
3. To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
4. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
5. To improve our website and present its contents to you.
6. For testing, research, analysis and product development.
7. As necessary or appropriate to protect the rights, property or safety of us, our business associates, or others.
8 To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
9. As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
10. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing by updating this notice to reflect the change.
SHARING PERSONAL INFORMATION
In the preceding twelve (12) months, we have not sold any Personal Information. We will not sell any Personal Information. Should we commence sale of Personal Information, we will include an “opt-out” election as required by the CCPA and applicable Regulations.
We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter an agreement that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the agreement. In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:
1. Category A: Identifiers.
2. Category B: Personal information categories listed in the California Customer Records statute (California Civil Code §1798.80(e).
3. Category F: Internet or other similar network activity.
We disclose your Personal Information for a business purpose to the following categories of third parties:
1. Our affiliates.
2. Service providers.
3. Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.
YOUR RIGHTS AND CHOICES
The CCPA provides Consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:
1. The categories of Personal Information we collected about you.
2. The categories of sources for the Personal Information we collected about you.
3. Our business or commercial purpose for collecting or selling that Personal Information.
4. The categories of third parties with whom we share that Personal Information.
5. The specific pieces of Personal Information we collected about you.
6. If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
–Sales, identifying the Personal Information categories that each category of recipient purchased; and
–Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We are not required to comply with your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another Consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to us by either:
–Calling us at (877) 514-8330.
–Contacting us at email@example.com.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information.
You may also make a verifiable Consumer request on behalf of your minor child. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. The verifiable Consumer request must:
1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable Consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable Consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable Consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
1. Deny you goods or services.
2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
3. Provide you a different level or quality of goods or services.
4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to amend this privacy notice at our sole discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage. The method of notification shall be in our sole discretion.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: (877) 514-8330